Articles Posted in Paternity

Disputes over paternity testing present some of the most sensitive issues in family law, particularly when a child has already known one man as a father for years. Florida courts have repeatedly emphasized that genetic truth alone does not control these cases. Instead, the law prioritizes stability, emotional security, and the child’s best interests. A recent ruling from a Florida court reinforces strict limits on when courts may order genetic testing and clarifies the protections afforded to established legal fathers, even when the parents were never married. If you are facing a paternity challenge or defending an existing parental relationship, consulting with a Miami family law attorney is essential to safeguarding your rights and your child’s well-being.

Case Setting

Allegedly, the mother gave birth to a child in another state in 2018 while unmarried. Shortly after the birth, she and the putative legal father signed a voluntary acknowledgment of paternity in compliance with the laws of the state of birth. Additionally, he was named as the father on the birth certificate. From the child’s birth forward, the he assumed the role of parent, providing emotional and financial support and acting as the child’s only father.

It is alleged that several years later, the mother, the child, and the putative legal father relocated to Florida. More than four years after the child’s birth, the putative biological father initiated a proceeding in Miami-Dade County seeking to establish paternity, obtain timesharing, child support, and related relief. He asserted that he had a sexual relationship with the mother before the child’s birth and claimed that the child resulted from that relationship. Continue reading ›

Child custody and paternity disputes often lead to intense legal battles, especially when parents were never married. When a father acknowledges paternity of a child, they should have equal parental rights as the child’s mother, as explained in a recent Florida case that demonstrates the evolving landscape of parental rights and the importance of understanding Florida’s family law statutes. If you are navigating a custody dispute or seeking to establish paternity, it is crucial to consult with an experienced Florida family law attorney to protect your rights.

Case Setting

It is reported that the mother sought review of a trial court’s order, finding that the father had established paternity and denying the mother’s Emergency Verified Motion for Child Pick-Up Order. The mother argued that the trial court erred in determining that the father’s paternity had been established, as neither party had formally petitioned for a paternity ruling. The mother further asserted that the trial court should have granted the child a pick-up order because the father had no legal custodial rights over the child.

Under Florida law, paternity determinations must be grounded in valid evidence and aligned with statutory requirements. Courts must ensure that any findings of fraud or misrepresentation are appropriately addressed and that legal parentage is resolved based on the child’s best interests, as demonstrated in a recent Florida decision addressing claims of fraud in paternity disputes. If you are involved in a paternity matter, you should consult a Miami family law attorney who can help safeguard your parental rights and obligations.

Factual and Procedural Background

It is reported that the case arose from a dispute regarding the paternity of a minor child. The mother challenged the trial court’s determination that the purported father was the natural parent and father of the child. The trial court based its decision on a presumption of paternity established under section 742.10(1), Florida Statutes (2023), despite finding that the voluntary acknowledgment of paternity had been obtained through the mother’s undisputed fraud.

Allegedly, the mother contended that the finding of fraud should have rebutted the presumption of paternity and precluded Spencer’s legal designation as the child’s father. Nevertheless, the trial court concluded that there was insufficient evidence to fully rebut the presumption of paternity. The mother appealed, asserting that the trial court’s findings were inconsistent and unsupported by legal precedent. Continue reading ›

People who have children in non-marital relationships often believe they have the right to parent their children without court intervention. If the relationship falls apart, though, the father’s rights may be in jeopardy. If a man has acted as a child’s parent, however, the courts may legally deem him a child’s father, as illustrated in a recent Florida paternity ruling. If you want to take action to establish or protect your parental rights, it is advisable to contact a Miami paternity attorney as soon as possible.

Facts of the Case and Procedural History

It is alleged that the father and the mother were in a relationship, and the father was named as the father on the child’s birth certificate. Despite the relationship ending, the father remained involved in the child’s life until the mother ceased visitation in 2020. Subsequently, the father filed a petition to establish paternity, a parenting plan, and a timesharing schedule. The mother requested DNA testing, which ultimately showed that the father was not the biological father.

Reportedly, citing section 742.12(4), which states that in a proceeding to establish paternity, if the test results show that the alleged father cannot be the biological father, the case shall be dismissed with prejudice, the mother moved to dismiss the father’s paternity action, leading the trial court to dismiss the petition. The father appealed the dismissal of his petition to establish paternity, arguing the trial court’s application of section 742.12(4) of the Florida Statutes was improper. Continue reading ›

Florida law presumes that when a baby is born to a married man and woman, the man is the father of her child. Similarly, if a man acknowledges he is the father of a child born out of wedlock, the court will presume he is the child’s father. Issues can arise, though, when the courts are faced with competing presumptions of paternity, as demonstrated in a recent Florida case. If you have questions about establishing paternity, it is advisable to meet with a Miami paternity attorney to determine what steps you can take to protect your interests.

Factual and Procedural Background

It is reported that the husband and the wife were married in 2008, but by late 2012, they were separated. Neither filed for divorce. During this period, the wife had a casual sexual relationship with the purported father while also engaging in intercourse with the husband during one of his visits to Florida. The wife became pregnant and informed the purported father that he was the father, while telling the husband otherwise.

It is alleged that the purported father, believing he was the father, signed the child’s birth certificate. However, paternity testing later revealed that the husband was the biological father. Subsequently, the wife sought to establish the husband’s paternity. The trial court determined that establishing paternity in favor of the purported father was in the child’s best interest due to competing presumptions of paternity and adjudicated him to be the father. The husband appealed. Continue reading ›

Generally, when a child is born to a married couple, both parents have the right to care and custody of the child. Pursuant to Florida law, however, when a child is born out of wedlock, the mother is deemed the child’s natural guardian and has the right to sole custody and care of the child absent a court order stating otherwise. Notably, as discussed in a recent Florida case, the purported father of a child born outside of a marriage does not have parental rights even if they file an acknowledgment of paternity that goes unchallenged. If you need assistance handling a paternity dispute, you should consult a Miami paternity attorney to assess your options for protecting your interests.

Facts of the Case

It is alleged that the parties lived together following the child’s birth in 2014. The father signed a voluntary acknowledgment of paternity at the child’s birth in accordance with Florida law; the mother did not contest the acknowledgment. However, there were no further orders regarding the father’s parental rights. In 2022, after the parents separated, the mother moved with the child to her parents’ home, which was located about 20 miles away, and enrolled the child in school there.

It is reported that the father filed an emergency motion to compel the mother to enroll the child in a school in the city where the parties previously resided. The court granted the motion, and the mother appealed. Continue reading ›

Many parties have children outside of the context of marriage, and while in some cases paternity is not at issue, in others, legal action is necessary to define a child’s parentage. Once a man has been legally established as the father of a child, pursuant to Florida law, it is difficult to disestablish paternity. While the law allows fathers to reverse course on paternity in some cases, the same is not necessarily true for mothers, as demonstrated in a recent Florida ruling. If you have questions regarding paternity and your parental rights, you should contact a trusted Miami paternity lawyer to evaluate your options.

Background of the Case

It is alleged that the parties conceived the child in question in April 2014. They subsequently entered into a stipulation confirming the father’s paternity, and a court ratified it via order in 2016. Later that year, the mother filed a petition to relocate to Colorado with the child. The trial court denied the motion, and the child remained in Florida with the father and had visitation with the mother in the summer.

Reportedly, in 2017, the mother stated that she remembered an encounter with another man around the time the child was conceived. A DNA test determined the second man to be the child’s father within 99.99% certainty. The mother then moved to disestablish the father’s paternity pursuant to Florida Statute 742.18 and other provisions. The trial court granted summary judgment in her favor, and the father appealed. Continue reading ›